This model form, a Petition for Formal Probate and Appointment of Personal Representative - Arizona, is intended for use to initiate a request to the court to take the stated action. The form can be easily completed by filling in the blanks and/or adapted to fit your specific facts and circumstances. Available in for download now, in standard format(s).
Tucson Arizona Petition for Formal Probate and Appointment of Personal Representative
Category:
State:
Arizona
City:
Tucson
Control #:
AZ-PB-2-FOR
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Arizona Petition For Formal Probate And Appointment Of Personal Representative?
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FAQ
How to Start Probate for an Estate Open the Decedent's Last Will and Testament.Determine Who Will be the Personal Representative.Compile a List of the Estate's Interested Parties.Take an Inventory of the Decedent's Assets.Calculate the Decedent's Liabilities.Determine if Probate is Necessary.Seek a Waiver of Bond.
Settling an Estate in Arizona The first step is to file the will and a petition for probate with the county court where the deceased person lived or where they had property if they lived out of state. A personal representative is appointed by the court, which is usually the person named in the will.
Assuming probate is necessary, there can be a number of consequences for not petitioning to open probate: Individually-titled assets will remain frozen in the decedent's name. The estate's assets are subject to losses. Another interested party may petition to open probate.
A typical flat fee for an informal probate would be between $1000 and $1500. If a probate is contested, or if you need a formal probate, the fees may well be substantially higher.
How Long Do You Have to File Probate After Death in Arizona? According to Arizona law (ARS14-3108), the executor of an estate has two years from the date of death to file probate. This timeframe can be extended under certain circumstances, such as if the deceased left behind minor children.
The Decedent's Creditors May Take Action Creditors have two years to file a valid claim against a decedent's estate if probate hasn't been opened. If the estate's beneficiaries and heirs fail to take action, the decedent's creditors can file a petition to start the estate settlement proceedings.
There is no time limit in applying for Probate. Unlike some legal processes, such as applying for compensation, your application will not be disqualified because it is late.
According to Arizona Code 14-3108, probate must be filed within two years of the person's death. There are a few exceptions to this deadline, including timelines for contesting a will or when a previous proceeding has been dismissed.
In the state of Arizona, probate is only required if the decedent has any assets that did not transfer automatically upon their death. These assets tend to be titled individually in the decedent's name and will require a probate court to transfer the title of ownership to the intended beneficiary.